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In such event Lessee shall be responsible for the removal of all such Hazardous Materials from <br /> the Property and shall be liable to Lessor for any costs incurred by Lessor to remove or clean up <br /> Hazardous Materials from the Property and shall indemnify, defend and hold harmless Lessor for <br /> any liability due to the Hazardous Materials being on the Property. Lessor represents and <br /> warrants to Lessee that it has no knowledge,having done no investigation relating thereto,of any <br /> substance, chemical or waste on or affecting Lessor's Property that is identified as hazardous, <br /> toxic or dangerous in any applicable federal,state or local law or regulation(collectively <br /> "Hazardous Materials"). <br /> 12. Interference <br /> Lessee covenants that the Equipment will not cause interference with the operation of any <br /> Priority Users. Lessee shall be responsible for curing any and all interference to the operation of <br /> equipment of Priority Users, so long as Priority Users are lawfully operating. Subsequent to the <br /> installation of the Lessee Equipment, other than Priority Users, Lessor will not permit its lessees <br /> or licensees to install new equipment on or make any alterations to the Water Tower, if such <br /> equipment or modifications cause interference with the operation of Lessee's Equipment. <br /> 13. Subrogation <br /> (a) In General. All insurance policies required under this Lease shall contain a <br /> waiver of subrogation provision under the terms of which the insurance-carrier waives all of its <br /> rights to proceed against Lessor or Lessee,as the case may be. <br /> (b) Mutual Release. Lessor and Lessee each release the other and their respective <br /> representative from any claims by them or anyone claiming through or under them by way of <br /> subrogation or otherwise for damage to any person or to the Property and to the fixtures, <br /> personal property, improvements and alterations in or on the Property that are caused by or result <br /> from risks insured against under any insurance policy carried by them and/or required by this <br /> Lease. <br /> 14. Notices <br /> All notices or demands by or from Lessor to Lessee,or Lessee to Lessor, shall be in <br /> writing. Such notices or demands shall be mailed to the other party at the following address: <br /> Lessor: Elk River Municipal Utilities <br /> 13069 Orono Pkwy <br /> Elk River,MN 55330 <br /> Attn: Director of Operations and Maintenance <br /> Lessee: Snrint/Nextel Property Services, <br /> Mailstop KSOPHT0101-Z26506391 <br /> 6391 Sprint Parkway, <br /> Overland Park. Kansas 66251-2650 <br /> RE: MS80XC977-A(Elk River Auburn Street Watertank) <br /> -7- <br />